Published AAO appeal decisions

Chemical engineer and researcher self-petitioner seeking EB-2 NIW based on proposed endeavor in chemistry field. Claimed substantial merit and national importance. AAO affirmed denial because proposed endeavor lacked national importance and amounted to a job search without broader implications for the field.

A healthcare practitioner seeks EB-2 classification with a national interest waiver. The AAO affirmed denial, finding the petitioner materially changed the proposed endeavor in response to an RFE rather than clarifying the original one, and failed to establish the endeavor has substantial merit or national importance under Dhanasar.

Self-petitioner, general and operations manager, sought EB-2 advanced degree classification and national interest waiver. AAO found petitioner eligible for EB-2 but failed to demonstrate national importance of proposed managerial endeavor. Appeal dismissed.

Biochemistry lecturer seeking EB-1A extraordinary ability. Met two criteria: judging and scholarly articles. Published material claim failed; articles lacked major media status. Original contributions not established as major significance. Failed three-criterion threshold and extraordinary ability standard. Appeal dismissed.

An aircraft pilot sought NIW for EB-2 to provide aviation services. The AAO affirmed dismissal because the specific endeavor lacked national importance despite aviation industry significance; proposing to employ seven workers in Florida with inconsistent business documentation insufficient to demonstrate broader field impact or substantial economic effects.

An entrepreneur proposing to establish an HVAC company sought EB-2 exceptional ability classification with a national interest waiver. The Director denied him for failing to qualify as an exceptional ability professional and did not analyze the Dhanasar framework. The AAO dismissed, finding he did not meet the evidentiary threshold for exceptional ability and thus could not qualify for the underlying EB-2 classification, making Dhanasar analysis unnecessary.

A physical therapist with nineteen years experience sought EB-2 advanced degree classification and NIW. AAO dismissed appeal because petitioner impermissibly changed proposed endeavor and initial endeavor lacks national importance; benefits limited to her patients only.

Sales executive and entrepreneur sought EB-2 with national interest waiver for medical supply consulting business. AAO affirmed denial, finding petitioner not well-positioned to advance endeavor despite meeting first prong. Insufficient evidence of success in U.S. market or customer interest.

Marketing manager in health consultancy field with advanced degree seeks EB-2 NIW for proposed work assisting U.S. companies with branding and management optimization. Director found substantial merit. AAO affirmed denial, holding proposed work lacks national importance because it does not impact field broadly or create substantial economic effects beyond individual client transactions.

Financial analyst sought EB-2 exceptional ability with NIW. Director found four criteria met; AAO disagreed and found zero of six criteria met due to insufficient documentation and evidence not meeting regulatory standards. Underlying EB-2 eligibility failed; NIW analysis reserved.

A drilling engineer in oil and gas sought NIW EB-2 classification intending to continue current employment. The AAO found the engineer must define a specific endeavor and failed to establish national importance; relying on industry importance and economic ripple effects is insufficient.

Business administrator sought EB-2 with NIW for consulting company helping businesses avoid closure. AAO dismissed appeal, finding substantial merit but no national importance; petitioner failed to demonstrate impact beyond company clientele or substantial U.S. job creation.

An accountant seeking EB-2 exceptional ability classification and national interest waiver. AAO dismissed the appeal because petitioner satisfied only two of six required evidentiary criteria for exceptional ability, making her ineligible for underlying EB-2 classification and therefore ineligible for a waiver.

A cybersecurity entrepreneur from Brazil sought EB-2 NIW for a software and cybersecurity services business. The AAO dismissed the petition because the petitioner lacked categorical EB-2 eligibility and failed to demonstrate the proposed endeavor had national importance; anticipated job creation was unclear and lacked substantial prospective economic impact.

An insurance brokerage entrepreneur sought NIW under EB-2. The AAO agreed the endeavor had substantial merit but found it lacked national importance because benefits were largely local to the business, not extending broadly to impact the field, dismissing the appeal.

Physical therapist and entrepreneur sought EB-2 with national interest waiver. Claimed endeavor had national importance due to field shortage and business expansion plans. AAO dismissed appeal, finding specific proposed endeavor lacked national importance; evidence addressed petitioner's credentials rather than endeavor's prospective impact.

An aircraft maintenance technician seeks EB-2 classification with a national interest waiver based on exceptional ability. The AAO affirmed dismissal, finding the petitioner failed to demonstrate exceptional ability because his qualifications are typical for an experienced maintenance technician and he lacks recognition for achievements by the broader industry.

Self-petitioner, accountant and entrepreneur, proposed tax planning and customs trade consultancy business and sought national interest waiver. AAO found the endeavor lacked national importance and that petitioner failed to establish EB-2 eligibility due to insufficient post-baccalaureate experience. Appeal dismissed.

An attorney sought EB-2 national interest waiver for international arbitration legal advisory work. The AAO found the proposed endeavor materially changed in response to RFE, lacked detailed initial description, and failed to demonstrate national importance beyond assisting individual clients despite evidence of ADR field merit. Appeal dismissed.

An architectural designer from Brazil sought EB-2 NIW to establish an architecture and interior design business. The AAO dismissed the appeal because the petitioner failed to meet EB-2 categorical eligibility requirements and the proposed endeavor lacked demonstrated national importance with broader implications to the architectural field.

A computer systems analyst sought EB-2 exceptional ability classification and national interest waiver to provide SAP implementation services through a consultancy. The AAO dismissed the appeal because the petitioner met only two of three required evidentiary criteria for exceptional ability, and Dhanasar issues were not reached.

Airline pilot seeking EB-2 advanced degree or exceptional ability with national interest waiver. AAO affirmed dismissal on appeal and motion decisions because petitioner failed to establish national importance prong despite Director finding substantial merit. Second and third Dhanasar prongs not analyzed.

A financial manager sought EB-2 NIW classification proposing to advance financial management services for U.S. businesses. The AAO rejected the claim that the proposed endeavor had national importance, finding the applicant provided insufficient evidence of specific impact, scope, viability, or economic benefit. Appeal dismissed.

A public policy consultant proposed independent consulting on international development and U.S. firm partnerships in developing countries. The AAO held her endeavor lacks national importance; while work has substantial merit, it does not extend beyond her consulting clientele to impact the field or U.S. economy at a national level.

A chief executive officer sought national interest waiver to open and franchise Japanese-Brazilian restaurants. AAO dismissed after finding petitioner failed to establish national importance of the specific endeavor. Evidence addressed restaurant industry generally but not how the particular business would broadly impact national economy or field.